Personal information: a guide for justification wording

First published: November 2015

Reviewed: March 2019

© Crown copyright 2019 You may re-use this publication (not including logos) free of charge in any format or medium, under the terms of the Open Government Licence v3.0. To view this licence visit nationalarchives.gov.uk/doc/open-government-licence; or write to the Information Policy Team, The National Archives, Kew, Richmond, Surrey, TW9 4DU; or email: psi@nationalarchives.gov.uk.

Any enquiries regarding this publication should be sent to us at governmentaudience@nationalarchives.gov.uk This guide contains examples of the types of personal information in closed records at The National Archives. It is intended as a guide to the justifications that can be put forward to the Advisory Council on National Records and Archives.

It is not intended to be guidance on what is and is not sensitive in regards to personal information. The inclusion of an entry may indicate that a subject matter has been judged to be sensitive by other government departments, however non-inclusion does not imply that no sensitivities apply.

**Closure period**

Unless stated, personal information is closed for the lifetime of the identified individual; this assumes a lifetime of 100 years. See the Guide to archiving personal data for further details. There is separate guidance on calculating closure periods, however the age or assumed age of individuals should always be given as part of the justification.

**Justification wording**

Applications to close under section 40(2) should not include the name of individuals; the important thing is they are identifiable or named within the record. The justification must include the type of personal information to be closed. Contextual information may help as part of this, and that detail should be provided if it would assist, ie 'named benefit claimants', or for Crown court cases differentiating between the defendant and the victims.

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1 Paragraph 73, page 31, Guide to Archiving personal data | Subject / Information type | Closure detail | Notes | |----------------------------|----------------|-------| | **Finance** | | | | Receipt of benefits (aged 16 plus) | ...contains the personal information of named benefit claimants. | | | Receipt of benefits (aged under 16 - won't be the claimant) | ...contains the personal information of a named benefit recipient. | | | Receipt of compensation | ...contains details of payments made to next of kin of military personnel killed or injured during xx. ...contains details of named claimants to the xx, including home addresses, family circumstances, medical conditions of individuals, and details of payments made | | | Details of bankruptcy | ...contains rent paid by named tenants. | | | Financial information | ...contains financial information about a named individual, including details of their bankruptcy. | | | Financial information | ...contains financial information about named individuals, including details of investments and loans made by them. | | | Financial information | ...contains personal tax data of named individuals provided in confidence. ...contains personal information of named individuals and their beneficiaries, aged at least 16. The information is of a financial nature and was provided in confidence. | Section 41 may also apply | | Financial information | ...contains financial and business-related information that was provided in confidence. | This is in relation to individuals, for businesses only section 41 may apply where closure would be for ‘rolling 10’ years | | **Family life** | | | | Family life | ...contains details of an inappropriate relationship between named individuals. ...contains comments on the morals of a named individual. ...contains personal information on a named individual, including divorce | | | Details of children - family life | ... contains details of the sexual lives and personal relationships of named individuals, aged xx | |----------------------------------|--------------------------------------------------------------------------------------------------| | Residence in care homes / approved schools, etc | ...contains the personal details of named military personnel, including marital details and details of children. | | Residence in care homes / approved schools, etc | ...contains information on individuals’ resident in a care home, including their background, medical information and references to behavioural issues. The youngest aged at least xx. | | Residence in care homes / approved schools, etc | ...contains details of individuals in care, including their medical details and references to behavioural issues. | | Residence in care homes / approved schools, etc | ...is a social welfare report on a named individual. | | Residence in care homes / approved schools, etc | ...contains details of maintenance payments made and claims of illegitimacy, as well as identifying children who were taken into care or were adopted. | | Residence in care homes / approved schools, etc | ...contains details of individuals in care, including alleged acts of brutality and details of corporal punishment administered. | | Crime | | | Indictments | ...concern victims of sexual offences, juvenile defendants or defendants suffering from mental illness. The age of many victims is unknown. | | Personal information in crown court case files | ...are medical, police, social and probation [delete as appropriate] reports on the defendant. | | victims of crime – where introduction of the details may harm the health of the victim | ...identifies the victim of a sexual crime. The piece contains details of the crime, release would harm the mental health of the victim. | | military (not in the public domain) | ...contains information concerning court martials. The extracts name the defendants and include sentencing details. | | military (not in the public domain) | ...contains details of Courts Martial of military personnel, not in the public domain. | | Allegations (criminal or otherwise) | ...contains allegations of corruption against named individuals. | | Allegations (criminal or otherwise) | ...contain unsubstantiated allegations of [arms smuggling] by UK citizens. | | Allegations (criminal or otherwise) | ...contains personal information about named individuals, whom the police were keeping under surveillance on suspicion of xx.

| Nationality and citizenship | |-----------------------------| | naturalisation / nationality | ...identify an individual who applied for naturalisation, and includes personal information. | | | ...contains details of an individual's naturalisation application. | | | ...is a naturalisation certificate and includes extensive personal details. | | | ...contains an individual's application for residency, and include extensive personal details. | | | ...contains individuals’ passport applications, and includes extensive personal details. | | | ...contains details of the citizenship of a named individual. | | Applicants for political asylum | ...contain the names and personal details of applicants for political asylum. | | | ...contain details of named individuals applying for political asylum. | | Visa Warning list | ...identifies individuals on the Visa Warning Index, and include personal information. |

| Employment | |------------| | Personnel file | ...is the personnel file of a named individual. | | CVs, employment / biographical details | ...contains CVs of named individuals. | | | ...contains the employment details of xx. | | | ...contains biographical and pay information for an individual working for xx. | | Comments on performance | ...contains comments about the abilities of named British officials. | | | ...contain personal details, including frank comments on the performance of named staff. | | Security concerns | ...identifies a named individual whose employment was rejected on security grounds. | | Discipline action | ...contains details of disciplinary action against named individuals. |

| Military Service | |------------------| | Next of kin – contact details | ...contain contact details of the next of kin of military personnel lost in the xx. | | Desertion | ...contains the personal information of a named individual who deserted from | | Category | Description | |----------|-------------| | SOE membership or clandestine activities in World War Two (applicable to HS 9s) | ...contain information regarding identifiable individuals' specific activities during the Second World War, including membership of SOE, involvement in clandestine activities, or actions against these activities. | | Medical details | ...contains the medical details of named individuals. ...contains medical information on named individuals. ...contains personal information and details of the medical conditions of named individuals. ...contains personal and medical information of named individuals. | | Medical records | ...contains the medical records of named individuals. | | Mental health | ...contains information on the mental health of named individuals. ...contains allegations about the mental health of a named individual. ...contains details of the psychological condition of a named individual. ...contains references to the mental instability of a named individual. | | Suicide attempts | ...identifies an individual who attempted to commit suicide. | | Exposure to substances with health implications | ...contains the radiation levels individuals were exposed to. | | Religious affiliations | ...contains the religious affiliations of named individuals. | | Political affiliations | ...refers to a leading politician, described as active in PIRA. Links with PIRA of this kind have been consistently denied by the individual concerned. ...contains personal details of named individuals suspected of Communist |

In the first instance apply a lifetime closure, however closure can extend beyond death under section 41. ...identifies suspected IRA sympathizers and members. Release would harm the physical safety of the individuals. ...contains names and addresses of detainees, the youngest aged at least 18. Release would harm the physical safety of the individuals.

For somewhere where political opinions are a heated issue, s38 may also apply.

| Subject / Information type | Closure detail | Notes | |----------------------------|----------------|-------| | Wards of Court | ...identifies children who were named Ward of Court. | | | Illegitimacy | ...identifies individuals as illegitimate. ...contains details of the illegitimacy of named individuals. | | | Adoption | ...identifies children who were adopted. ...identifies an individual as adopted, and includes details of their family situation. | | | Juvenile defendants / convictions | ...identifies a juvenile defendant [at the time of crime]. ...contains details of juvenile convictions of named individuals. ...contains juvenile witness statements. | | | Victims of sexual crime - including rape and buggery | ...identifies victims of sexual crime. | |

In some instances there may be no personal information on those identified other than the contextual information, however the two together is personally sensitive. An obvious example of this would be a list within a file identifying those who provided evidence to an Inquiry. Complainants ...identifies members of the public who submitted complaints to xx.

UK intelligence officers

Overseas intelligence officers ...identifies a [CIA] officer, aged at least 18. Release would harm UK relations with [the USA].

The identity of UK intelligence officers is classified and should be retained.

Section 27(2), in many cases section 40 will not be seen as applying. A lifetime closure is 82 years, aged at least 18.

Section 38 – where there is no personal information on those named.

| Subject / Information type | Closure detail | Notes | |----------------------------|----------------|-------| | The families of the victims of crime and other events, where they may not know the full details previously. | ...contains details of a murder. Release would harm the mental health of the victim’s xx. ...contains details of a fatal aircraft crash. Release would harm the mental health of their next of kin. | |

Section 38 – where there is personal information on those named.

In some instances, it is the identity of individuals, and their addresses are sensitive, in the context of other information. Sections 38 and 40(2) will apply in these instances.

At its May 2012 meeting the Advisory Council discussed the overlap between s38 and s40, as in some instances it has not been clear where the divide lies between what is to be closed under s38 and under s40.

Although there remains a distinction, the Advisory Council asked that s40 be used in addition to s38, where release would endanger the physical safety of the individual/s named, as names are personal information.

It remains that s38 is adequate on its own when it is used for the mental distress to an identifiable third party. | Subject / Information type | Closure detail | Notes | |----------------------------|----------------|-------| | Informants | ...identifies a named informant. Release would harm their physical safety. | Consult if you think this might be the case as other exemptions may apply s31 – law enforcement (the process) and s41 – information provided in confidence. | | Police informants | | | | Special Branch officers | ...identifies Special Branch police officers. | | | Terrorists and those linked to terrorist organisations | | | | Military service in Northern Ireland / terrorism (commanders’ diaries) | ...identifies individuals throughout who are linked in many incidences to violent actions or terrorist organisations. Release would harm the physical safety of the individuals through reprisals. Aged at least 16. ...identifies soldiers who served in Northern Ireland during the troubles. Release would put the individuals at risk of retaliation from terrorists. | | | Special Forces | ...identifies individuals who served in the xx. | | | Those involved in animal experimentation | | | | Judges | ...contains the home addresses of judges. Release would put them at risk of reprisals from offenders. | Lifetime (aged at least 40 / 60 years) | | Parole Board members | ...contains names and home addresses of judges and members of Parole Boards. Given the context of the discussions covering the reasons for the refusal of parole, there is a risk of reprisals and release would harm their physical safety. | Lifetime (aged at least 30 / 70 years) |